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(영문) 대전지방법원 2021.03.30 2020노3235
사기
Text

All part of the judgment of the court below concerning the defendant's case is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1, 1.

Reasons

1. The part accepting an application for compensation order filed by the lower court regarding the scope of this Court’s adjudication and the compensation order was found guilty by filing an appeal pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit. However, although the grounds for appeal regarding the part of the compensation order filed by the Defendant are not indicated in the petition of appeal and the reasoning of appeal submitted by the lower court, and even if ex officio, it cannot find any grounds for revocation or alteration, the lower court’s

2. Summary of reasons for appeal;

A. Defendant “The sentence of the lower court (the first instance court: 3 years of imprisonment, and the second instance court: 6 months of imprisonment) is too unreasonable.

“”

B. The prosecutor’s “the above sentence of the second instance court is too unhued and unfair.”

“”

3. The judgment of the court below against the defendant for an ex officio judgment was rendered separately, each appeal was filed, and this court decided to hold a joint hearing of each of the above appeal cases. Since each of the offenses committed by the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained.

4. In conclusion, the judgment of the court below is reversed, and the part of the case of the defendant among the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, and it is decided as follows through pleading.

【Grounds for the judgment in its entirety] The criminal facts and summary of the evidence admitted by the court in this case and the summary of the evidence are changed to “ March 6, 2020” as “ March 6, 2020,” among the criminal facts in the judgment of the court in the first instance, to “ March 7, 2020,” and the criminal facts in the judgment of the court in the second instance of the judgment of the court in the judgment of the court in the second instance of the judgment of the court in the second instance, to “the employee in distress in name” in the second instance of the judgment of the court in the judgment of the court in the third instance.

The foregoing shall continue to be deleted and the evidence of the first instance judgment.

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